(a)It shall be unlawful for any person to sell
any cereal malt beverage at retail without a license for each place of business
where cereal malt beverages are to be sold at retail.

(b)It shall be unlawful for any person, having a
license to sell cereal malt beverages at retail only in the original and
unopened containers and not for consumption on the premises, to sell any cereal
malt beverage in any other manner.

Any person desiring a
license shall make an application to the governing body of the city and
accompany the application by the required license fee for each place of
business for which the person desires the license.The application shall be verified, and upon a
form prepared by the attorney general of the State of Kansas, and shall
contain:

(a)The name and residence of the applicant and
how long he or she has resided within the State of Kansas;

(b)The particular place for which a license is
desired;

(c)The name of the owner of the premises upon
which the place of business is located;

(d)The names and addresses of all persons who
hold any financial interest in the particular place of business for which a
license is desired.

(e)A statement that the applicant is a citizen
of the United States and not less than 21 years of age and that he or she has
not within twoyears immediately
preceding the date of making application been convicted of a felony or any
crime involving moral turpitude, or been adjudged guilty of drunkenness, or
driving a motor vehicle while under the influence of intoxicating liquor or the
violation of any other intoxicating liquor law of any state or of the United
States;

(f)Each application for a general retailer’s
license shall be accompanied by a certificate from the city health officer
certifying that he or she has inspected the premises to be licensed and that
the same comply with the provisions of chapter 8 of this code.

(g)Each application for a general retailer’s
license must be accompanied by a certificate from the city fire chief
certifying that he or she has inspected the premises to be licensed and that
the same comply with the provisions of chapter 7 of this code.

The application shall
be accompanied by a statement, signed by the applicant, authorizing any
governmental agency to provide the city with any information pertinent to the
application.One copy of such
application shall immediately be transmitted to the chief of police of the city
for investigation of the applicant.It
shall be the duty of the chief of police to investigate such applicant to
determine whether he or she is qualified as a licensee under the provisions of
this chapter.The chief shall report to
the governing body not later than five working days subsequent to the receipt
of such application.The application
shall be scheduled for consideration by the governing body at the earliest
meeting consistent with current notification requirements.

(a)All applications for a new and renewed cereal
malt beverage license shall be submitted to the city clerk 10 days in advance
of the governing body meeting at which they will be considered.

(b)The city clerk’s office shall notify the
applicant of an existing license 30 days in advance of its expiration.

(c)The clerk’s office shall provide copies of
all applications to the police department, to the fire department, and to the
city-county health department, when they are received.The police department will run a records
check on all applicants and the fire department and health department will
inspect the premises in accord with chapters 7 and 8 of this code.The departments will then recommend approval,
or disapproval, of applications within five working days of the department’s
receipt of the application.

(d)The governing body will not consider any
application for a new or renewed license that has not been submitted 10 days in
advance and been reviewed by the above city departments.

(e)An applicant who has not had a cereal malt
beverage license in the city shall attend the governing body meeting when the
application for a new license will be considered.

(a)A person who has not been a resident in good
faith of the state of Kansas for at least one year immediately preceding
application and a resident of Sedgwick County for at least six months prior to
filing of such application.

(b)A person who is not a citizen of the United
States.

(c)A person who is not of good character and
reputation in the community in which he or she resides.

(d)A person who, within two years immediately
preceding the date of making application, has been convicted of a felony or any
crime involving moral turpitude, or has been adjudged guilty of drunkenness or
driving a motor vehicle while under the influence of intoxicating liquor or the
violation of any other intoxicating liquor law of any state or of the United
States.

(e)A partnership, unless all the members of the
partnership shall otherwise be qualified to obtain a license.

(f)A corporation if any manager, officer or
director thereof or any stockholder owning in the aggregate more than 25% of
the stock of such corporation would be ineligible to receive a license
hereunder for any reason other than nonresidence within the city or county.

(g)A corporation, if any manager, officer or
director thereof, or any stockholder owning in the aggregate more than 25% of
the stock of such corporation, has been an officer, manager or director, or a
stockholder owning in the aggregate more than 25% of the stock, of a
corporation which:(A) Has had a
retailer’s license revoked under K.S.A. 41-2708 and amendments thereto; or (B)
has been convicted of a violation of the drinking establishment act or the
cereal malt beverage laws of this state.

(h)A person whose place of business is conducted
by a manager or agent unless such manager or agent possesses the same
qualifications required of the licensee.

(i)A person whose spouse would be ineligible to
receive a retailer’s license for any reason other than citizenship, retailer
residency requirements or age, except that this subsection (i) shall not apply
in determining eligibility for a renewal license.

(a)No license shall be issued for the sale at
retail of any cereal malt beverage on premises which are located in areas not
zoned for such purpose.

(b)It shall be unlawful to sell or dispense at
retail any cereal malt beverage at any place within the city limits that is
within a 200-foot radius of any church, school or library.

(c)Provisions of this section shall not apply to
any establishment holding a private club license issued by the State of Kansas.

(d)The distance limitation of subsection (b)
above shall not apply to any establishment holding a cereal malt beverage
license issued by the city when the licensee has petitioned for and received a
waiver of the distance limitation.The
governing body shall grant such a waiver only following public notice and
hearing.

(a)General Retailer -- for each place of
business selling cereal malt beverages at retail, $50 per calendar year.

(b)Limited Retailer -- for each place of
business selling only at retail cereal malt beverages in original and unopened
containers and not for consumption on the premises, $35 per calendar year.

Full amount of the
license fee shall be required regardless of the time of the year in which the
application is made, and the licensee shall only be authorized to operate under
the license for the remainder of the calendar year in which the license is
issued.

The chief of police,
upon five days’ written notice,shall
have the authority to suspend such license for a period not to exceed 30 days,
for any violation of the provisions of this chapter or other laws pertaining to
cereal malt beverages, which violation does not in his or her judgment justify
a recommendation of revocation.The
licensee may appeal such order of suspension to the governing body within seven
days from the date of such order.

The governing body of
the city, upon five days’ written notice, to a person holding a license to sell
cereal malt beverages shall permanently revoke or cause to be suspended for a
period of not more than 30 days such license for any of the following reasons:

(a)If a licensee has fraudulently obtained the
license by giving false information in the application therefor;

(b)If the licensee has violated any of the
provisions of this article or has become ineligible to obtain a license under
this article;

(c)Drunkenness of a person holding such license,
drunkenness of a licensee’s manager or employee while on duty and while on the
premises for which the license is issued, or for a licensee, his or her manager
or employee permitting any intoxicated person to remain in such place selling
cereal malt beverages;

(d)The sale of cereal malt beverages to any
person under 21 years of age;

(e)For permitting any gambling in or upon any
premises licensed under this article;

(f)For permitting any person to mix drinks with
materials purchased in any premises licensed under this article or brought into
the premises for this purpose;

(g)For the employment of any person under the
age established by the State of Kansas for employment involving dispensing
cereal malt beverages;

(h)For the employment of persons adjudged guilty
of a felony or of a violation of any law relating to intoxicating liquor;

(i)For the sale or possession of, or for
permitting the use or consumption of alcoholic liquor within or upon any
premise licensed under this article;

(j)The nonpayment of any license fees;

(k)If the licensee has become ineligible to
obtain a license under this chapter;

(l)The provisions of subsections (f) and (i)
shall not apply if such place of business is also currently licensed as a
private club.

The licensee, within
20 days after the order of the governing body revoking any license, may appeal
to the district court of Sedgwick County and the district court shall proceed
to hear such appeal as though such court had original jurisdiction in the
matter.Any appeal taken under this
section shall not suspend the order of revocation of the license of any
licensee, nor shall any new license be issued to such person or any person
acting for or on his or her behalf, for a period of six months thereafter.

If a licensee desires
to change the location of his or her place of business, he or she shall make an
application to the governing body showing the same information relating to the
proposed location as in the case of an original application.If the application is in proper form and the
location is not in a prohibited zone and all other requirements relating to
such place of business are met, a new license shall be issued for the new
location for the balance of the year for which a current license is held by the
licensee.

It shall be unlawful
for any wholesaler and/or distributor, his, her or its agents or employees, to
sell and/or deliver cereal malt beverages within the city, to persons
authorized under this article to sell the same within this city unless such
wholesaler and/or distributor has first secured a license from the director of
revenue, state commission of revenue and taxation of the State of Kansas
authorizing such sales.

It shall be the duty
of every licensee to observe the following regulations.

(a)The place of business licensed and operating under
this article shall at all times have a front and rear exit unlocked when open
for business.

(b)The premises and all equipment used in
connection with such business shall be kept clean and in a sanitary condition
and shall at alltimes be open to the
inspection of the police and health officers of the city, county and state.

(c)Except as provided by subsections (d) and (e),
no cereal malt beverages may be sold or dispensed between the hours of 12:00
midnight and 6:00 a.m., or consumed between the hours of 12:30 a.m., and 6:00
a.m., or on Sunday, except in a place of business which is licensed to sell
cereal malt beverage for consumption on the premises, which derives not less
than 30 percent of its gross receipts from the sale of food for consumption on
the licensed premises, closing hours for clubs shall conform to K.S.A. 41-2614
and any amendments thereto.

(d)The sale at retail of cereal malt beverage in
the original package is allowed within the city on any Sunday, except Easter
Sunday, between the hours of 12:00 noon and 8:00 p.m.

(e)Cereal malt beverages may be sold at any time
alcoholic liquor is allowed by law to be served on premises which are licensed
pursuant to K.S.A.41-2701 et seq., and
licensed as a club by the State Director of Alcoholic Beverage Control.

(f)The place of business shall be open to the
public and to the police at all times during business hours, except that
premises licensed as a club under a license issued by the State Director of
Alcoholic Beverage Control shall be open to the police and not to the public.

(g)It shall be unlawful for any licensee or
agent or employee of the licensee to become intoxicated in the place of
business for which such license has been issued.

(h)No licensee or agent or employee of the licensee
shall permit any intoxicated person to remain in the place of business for
which such license has been issued.

(i)No licensee or agent or employee of the
licensee shall sell or permit the sale of cereal malt beverage to any person
under 21 years of age.

(j)No licensee or agent or employee of the
licensee shall permit any gambling in the place of business for which such
license has been issued.

(k)No licensee or agent or employee of the
licensee shall permit any person to mix alcoholic drinks with materials
purchased in said place of business or brought in for such purpose.

(l)No licensee or agent or employee of the
licensee shall employ any person under 21 years of age in dispensing cereal
malt beverages.No licensee shall employ
any person who has been judged guilty of a felony.

The following conduct
by a cereal malt beverage licensee, manager or employee of any licensed cereal
malt beverage establishment is deemed contrary to public welfare and is
prohibited:

(a)Remaining or permitting any person to remain
in or upon the premises who exposes to view any portion of the female breasts
below the top of the areola or any portion of males/females pubic hair, anus,
buttocks or genitals;

(b)Permitting any employee on the licensed
premises to touch, caress or fondle the breasts, buttocks, anus, vulva or
genitals of any other employee or any patron;

(c)Encouraging or permitting any patron on the
licensed premises to touch, caress or fondle the breasts, buttocks, anus,
vulva, or genitals of any employee;

(d)Performing or permitting any person to
perform on the licensed premises acts of or acts which simulate:

(1)Sexual intercourse, masturbation, sodomy, or
any other sexual act which is prohibited by law; or

(e)Using or permitting any person to use on the
licensed premises, any artificial devices or inanimate objects to depict any of
the acts prohibited by paragraph (d) of this section.

(f)Showing or permitting any person to show on
the licensed premises any motion picture, film, photograph, electronic
reproduction, or other visual reproduction depicting:

(1)Acts or simulated acts of sexual intercourse,
masturbation, sodomy, or any sexual act which is prohibited by law;

(2)The touching, caressing or fondling of the
buttocks, anus, genitals or the female breasts;

(3)Scenes in which a person displays the
buttocks, anus, genitals or the female breasts.

(g)As used in this section, the term premises
means the premises licensed by the city as a cereal malt beverage establishment
and such other areas, under the control of the licensee or his or her employee
or employees, that are in such close proximity to the licensed premises that
activities and conduct of persons within such other areas may be viewed by
persons on or within the licensed premises.

All parts of the
licensed premises including furnishings and equipment shall be kept clean and
in a sanitary condition, free from flies, rodents and vermin at all times.The licensed premises shall have at least one
restroom for each sex easily accessible at all times to its patrons and
employees.The restroom shall be
equipped with at least one lavatory with hot and cold running water, be well
lighted, and be furnished at all times with paper towels or other mechanical
means of drying hands and face.Each
restroom shall be provided with adequate toilet facilities which shall be of
sanitary design and readily cleanable.The doors of all toilet rooms shall be self-closing and toilet paper at
all times shall be provided.Easily
cleanable receptacles shall be provided for waste material and such receptacles
in toilet rooms for women shall be covered.The restrooms shall at all times be kept in a sanitary condition and
free of offensive odors and shall be at all times subject to inspection by the
city health officer or designee.

(a)It shall be unlawful for any person under 21
years of age to remain on any premises where the sale of cereal malt beverages
is licensed for on-premises consumption.

(b)This section shall not apply if the person
under 21 years of age is an employee of the licensed establishment, or is
accompanied by his or her parent or guardian, or if the licensed establishment
derives not more than 30 percent of its gross receipts in each calendar year
from the sale of cereal malt beverages for on-premises consumption.